LessonsKhiyar al-Shart: Duration, Ownership, Rescission and Stipulated AttributesQuiz

وَمَنْ بَاعَ عَبْدًا عَلَى أَنَّهُ خَبَّازٌ أَوْ كَاتِبٌ فَكَانَ بِخِلَافِ ذَلِكَ فَالْمُشْتَرِي بِالْخِيَارِ: إِنْ شَاءَ أَخَذَهُ بِجَمِيعِ الثَّمَنِ وَإِنْ شَاءَ تَرَكَ
Translation: If a person was historically sold as an enslaved worker described as a baker or scribe, but lacked that promised skill, the purchaser could accept at the full agreed price or rescind.

This is a historical legal example from an earlier institution of enslavement; it does not validate present-day trafficking or sale of people.

The doctrinal point is failure of an expressly promised attribute. The remedy stated here is a choice between accepting at the full agreed price and rescinding, not an automatic discount.

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Original: a promised attribute is absent

Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes

وَمَنْ بَاعَ عَبْدًا عَلَى أَنَّهُ خَبَّازٌ أَوْ كَاتِبٌ فَكَانَ بِخِلَافِ ذَلِكَ فَالْمُشْتَرِي بِالْخِيَارِ: إِنْ شَاءَ أَخَذَهُ بِجَمِيعِ الثَّمَنِ وَإِنْ شَاءَ تَرَكَ
Translation: If a person was historically sold as an enslaved worker described as a baker or scribe, but lacked that promised skill, the purchaser could accept at the full agreed price or rescind.

This is a historical legal example from an earlier institution of enslavement; it does not validate present-day trafficking or sale of people.

The doctrinal point is failure of an expressly promised attribute. The remedy stated here is a choice between accepting at the full agreed price and rescinding, not an automatic discount.